District Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v Elmer (a pseudonym) [2025] NSWDC 390 Hearing dates: 8 August 2025 Date of orders: 8 August 2025 Decision date: 08 August 2025 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Aggregate sentence of imprisonment of 8 years with a non-parole period of 5 years
Catchwords: CRIME — Child sex offences — Sexual intercourse with child >10 <14 — Circumstances of aggravation
CRIME — Child sex offences — Indecent assault — Circumstances of aggravation
CRIME — Child sex offences — Incite act of indecency child — Circumstances of aggravation
SENTENCING — Mitigating factors — Prior good character
SENTENCING — Penalties — Imprisonment
SENTENCING — Relevant factors on sentence — Delay — Maximum penalty — Objective seriousness
SENTENCING — Sentencing procedure — Sentence after trial — No evidence to support a conviction on one count — No power to stay proceedings after a jury verdict — No power to reject jury guilty — No facts to sentence for on count — Only remedy s 10 Crimes (Sentencing Procedure) Act 1999 (NSW) disposition
SENTENCING — Subjective considerations on sentence — Drug use and mental health decline after the commission of offences
Legislation Cited: Bail Act 2013 (NSW)
Children (Criminal Proceedings) Act 1987 (NSW)
Crimes Act 1900 (NSW)
Crimes (Sentencing Procedure) Act 1999 (NSW)
Cases Cited: Director of Public Prosecutions (Cth) v De La Rosa (2010) 79 NSWLR 1; [2010] NSWCCA 194
Franklin v R [2016] NSWCCA 319
Hoare v The Queen (1989) 167 CLR 348
MacDonald v R [2024] NSWCCA 240
Mill v The Queen [1988] HCA 70; (1988) 166 CLR 59
R v Herring (1956) 73 WN (NSW) 203
R v MAK [2006] NSWCCA 381; (2006) 167 A Crim R 159
R v Simpson [2001] NSWCCA 534; 53 NSWLR 704
RvTodd [1982] 2 NSWLR 517
Ryan v The Queen [2001] HCA 21; (2001) 206 CLR 267
Way v R [200] NSWCCA 131
Texts Cited: D T Kenny, “The social dynamics and impacts of institutional child sexual abuse” (September 2017) 29(8) Judicial Officers Bulletin 70
Category: Sentence Parties: Robert Elmer (a pseudonym) (the offender)
Director of Public Prosecutions (NSW) (Crown)Representation: Counsel:
Solicitors:
S Fraser (for the offender)
D Coulton (for the Crown)
Circular Legal (for the offender)
Director of Public Prosecutions (NSW) (Crown)
File Number(s): 2023/66156 Publication restriction: Pursuant to s 15A Children (Criminal Proceedings) Act 1987 (NSW) s 578A Crimes Act 1900 (NSW) there is to be no publication of any information that leads to the identifying of a child witness. Identifying information has been removed from this version of the judgment…
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- AGLC
- R v Elmer (a pseudonym) [2025] NSWDC 390
- Case
- [2025] NSWDC 390
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the evidence supported a conviction on all counts, and if so, what sentence should be imposed considering the maximum penalties, the objective seriousness of the crimes, and the mitigating factors such as Elmer's prior good character and the impact of drug use and mental health issues post-offence. The court also had to consider statutory provisions that limited its ability to alter the outcome of the jury's verdict or to reject a guilty finding without evidence.
The court found that while the evidence supported a conviction on some counts, there was insufficient evidence to convict Elmer of one particular charge. Despite this, the court was unable to stay the proceedings or reject the guilty verdict due to statutory constraints. The court sentenced Elmer to an aggregate term of imprisonment of eight years, with a non-parole period of five years. The sentence took into account the maximum penalties for the offences, the objective seriousness of the crimes, and the mitigating factors presented. The court concluded that the only available remedy under the applicable legislation was to impose a sentence within the statutory limits.
Orders
Orders of the court
Aggregate sentence of imprisonment of 8 years with a non-parole period of 5 years
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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